8.  The applicant was born in 1972. On 9 February 1993 he arrived in Sweden and, on the following day, he applied for asylum. In essence, he claimed that he had been born and raised in Somalia, and that, when his village had been attacked by the military, he had been forced to flee to Kenya and from there he had continued to Sweden. He had travelled using a Kenyan passport which he had destroyed upon arrival in Sweden.
9.  In April 1993 the applicant underwent a medical examination which showed that he was infected with the HIV virus and treatment commenced immediately at the Huddinge hospital.
10.  On 27 October 1994 the Immigration Board (Invandrarverket) rejected his request for asylum but granted him a permanent residence permit on humanitarian grounds due to the serious security situation in large parts of Somalia.
11.  On 29 December 1995 the District Court (tingsrätten) in Södertälje convicted the applicant of attempted murder and sentenced him to five years' imprisonment and life-time expulsion from Sweden. The judgment gained legal force.
12.  On 11 March 1999 he was conditionally released from prison and, on 1 July 1999, the Government granted him a temporary residence permit until 1 January 2000, which was subsequently prolonged until 21 February 2002.
13.  However, on 10 June 2002 the District Court in Karlstad convicted the applicant of battery and assault, attempted aggravated battery and assault, making illegal threats and threatening a civil servant. He was sentenced to four years' imprisonment. The District Court noted that there was already an expulsion order in force against him, for which reason it dismissed the prosecutor's request with regard to this matter. The judgment was upheld upon appeal by the Court of Appeal (hovrätten) for Western Sweden and, on 10 September 2002, the Supreme Court (Högsta domstolen) refused leave to appeal.
14.  On 23 August 2004 the applicant was conditionally released from prison. However, on 20 August 2004, the Government had decided to stay the expulsion until it had considered a request by him, lodged on 27 July 2004, to revoke the expulsion order and grant him a residence permit.
15.  Having requested and received information from the Migration Board (Migrationsverket), the Swedish Embassy in Nairobi and Médecins sans Frontières (MSF) in Belgium about the applicant's origins and the availability of treatment and medication for persons infected with the HIV virus in Kenya and Somalia, the Government, on 24 February 2005, decided not to revoke the expulsion order and rejected the applicant's request for a residence permit. It found that there was neither any impediment to the enforcement of the expulsion nor any other special reason under the Aliens Act to revoke the expulsion order. Moreover, the Government expressed the opinion that the applicant originated from Kenya.
16.  On 22 March 2005 the border police responsible for the enforcement of the expulsion of the applicant informed him that they intended to expel him to Somalia, not to Kenya.
17.  On 24 March 2005, following the Court's indication under Rule 39 of the Rules of Court, the Government stayed the execution of the expulsion order until further notice.
18.  On 6 April 2005 the applicant made a new request to the Government to revoke his expulsion order and grant him a residence permit. He maintained that he was from Somalia and that he had no close relatives in Kenya. Moreover, as he had no economic resources, he would not be able to benefit from the care which existed in Kenya. He also underlined that he would not survive for very long if his treatment was interrupted since his HIV infection had become highly resistant and he was dependent on very specific medication.
19.  On 26 October 2006 the Government rejected the request to revoke the expulsion order but granted him a temporary residence permit, valid until 31 December 2008, due to the particular circumstances of the case.